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12 Oct 2009 22:12
EC Declines to Follow DOJ's Lead, Opens In-Depth Investigation of Oracle-Sun Deal
Posted on October 12, 2009 byOn September 3, 2009, the European Commission ("EC") announced that it was opening an in-depth investigation under the EU Merger Regulation of Oracle Corporation's proposed acquisition of Sun Microsystems. This announcement came despite the Department of Justice's ("DOJ") extended review and approval of the same deal without conditions in late August, in addition to DOJ's recent signaling of tougher merger review standards and closer cooperation with European competition authorities.
Court Dismisses Claims Against Shippers Under Twombly And The Filed Rate Doctrine
Posted on October 12, 2009 byOn August 18, 2009, the District Court for the Western District of Washington dismissed with leave to amend an MDL action against shippers for violation of Section 1 of the Sherman Act, 15 U.S.C. § 1, based on allegations that the shippers colluded to simultaneously increase fuel surcharges, illegally shared vessel capacity, and conspired not to enter into extra-tariff rate agreements with customers. In re Hawaiian and Guamanian Cabotage Antitrust Litig., No. 08-md-1972 TSZ (“Pacific Shipping MDL”), Order No. 5 (W.D. Wa., Aug. 18, 2009) (“Slip Op.”).
Air Cargo Class Action to Proceed -- District Court Overrules Twombly Dismissal Recommendation
Posted on October 12, 2009 byOn August 21, 2009, Judge John Gleeson of the United States District Court for the Eastern District of New York overruled a magistrate judge’s recommendation to dismiss antitrust and other claims asserted in a multi-district putative class action against domestic and foreign airlines that provide airfreight-shipping services. See In Re Air Cargo Shipping Services Antitrust Litigation, 06-MD-1775 (JG) (VVP) (MDL No. 1775) (the “Opinion”). The Air Cargo case arises from investigations into the air cargo industry by competition authorities around the globe. Plaintiffs are direct and indirect domestic and foreign purchasers of airfreight shipping services who purportedly paid uncompetitive fees as a result of price-fixing carried out by, inter alia, the defendants’ concerted imposition of surcharges.
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